To all detaining agencies ■ F orce and all forms of restraint, including seclusion or segregation, must only be used when absolutely necessary, as last resort and for as short a time as possible. Decisions to use seclusion or restraint should be based on an individualised and proportionate risk-needs based approach, and be regularly reviewed. ■ M  inimum standards for decent living conditions and essential provisions as set out in the Mandela Rules and other human rights instruments must always be met. Specifically, cells and rooms must be of a reasonable size, clean, safe, well ventilated, well lit and temperature controlled. Basic requirements regarding access to fresh air and exercise, food and drinking water must always be adhered to across all detention contexts. ■ Internal rooms cannot be considered an appropriate substitute to an outdoor exercise yard; access to fresh air and natural light should be provided in all the institutions which do not currently provide it. ■ A  ll cells/rooms must be equipped with a means of attracting the attention of staff, and these must be regularly checked to ensure that they are in good working order. ■ M  easures to enable detainees and patients to exercise more personal autonomy inside their solitary cells should be implemented. Examples include removing restrictions on the use of the toilet flush in prisons or control of light switches and room blinds in health and disability facilities. ■ F acilities which are not fit for purpose should be decommissioned as soon as practicable. These include the Wellington police custody suite; the ‘silver cells’ in Auckland Men’s Management Unit, and the Free standing ‘pound’ units in all prisons.48 ■ C  onfidential and accessible complaint mechanisms must be closely safeguarded in all places of detention, and even more so in units where people are separated from others and thus potentially more vulnerable to mistreatment. All prisoners, detainees, patients and residents should have unlimited and unmonitored access to written complaints forms and means to submit these in a confidential manner, ideally using a secure complaints 48 We were pleased to hear from the Department of Corrections, following the drafting of this report, that a decision had been taken to decommission the ‘silver cells’ on 1 March 2017. This is a very welcome development. We were also pleased to learn that the ‘pound’ cells were now under active review and rarely used in the interim. 57

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